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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)

Citation
Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)
Parent Document
Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)
Jurisdiction
Vermont (state)
Effective Date
2006-08-18

Other Sections in This Document (37)

Full Text

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*226¶ 23. Such a reading is appropriate in light of basic contract interpretation principles requiring us to construe ambiguities against the drafter of a contract, especially a contract such as this. We may assume that this residential lease was not the product of full and fair negotiation between two parties of similar bargaining power. The reality for most residential tenants, and particularly tenants in low-to-moderate-income housing such as the development at issue here, is that leases are entered into on a “take-it-or-leave-it” basis, and the tenant typically has neither the opportunity nor the legal sophistication to bargain for an anti-subrogation clause. Moreover, landlords, especially those owning large, multi-unit complexes like this one, generally draft leases with little to no input from the tenants. Therefore, these leases are essentially contracts of adhesion, as opposed to traditional contracts resulting from arms-length negotiation among evenly positioned parties.